Commonwealth Numbered Acts

PUBLIC SERVICE AMENDMENT ACT 1978 No. 170, 1978 - SECT 5

5. (1) Section 16 of the Principal Act is amended-

   (a)  by omitting sub-sections (1) and (2) and substituting the following
        sub-sections:

''(1) The Board may, by instrument in writing signed by all, or a majority of,
the members of the Board, either generally or as otherwise provided by the
instrument, delegate to the Chairman of the Board, to another member of the
Board or to an officer or employee any of its powers and functions under this
Act or under any other law, whether passed or made before or after the
commencement of this sub-section, other than this power of delegation.

''(1A) A power or function so delegated, when exercised or performed by the
delegate, shall, for all purposes, be deemed to have been exercised or
performed by the Board.

''(2) A delegation of a power or function under this section-

   (a)  does not prevent the exercise of the power or the performance of the
        function by the Board;

   (b)  subject to paragraph (c), continues in force notwithstanding any
        change in the membership of the Board; and

   (c)  may be revoked by instrument in writing signed by all, or a majority
        of, the members for the time being of the Board.

''(2A) Section 34A of the Acts Interpretation Act 1901 applies in relation to
a delegation under this section as if the Board were a person.''; and

   (b)  by adding at the end thereof the following sub-section:

''(4) In this section-

   (a)  a reference to the Chairman of the Board shall, if another member of
        the Board is acting as Chairman of the Board, be read as a reference
        to that member; and

   (b)  a reference to a member of the Board shall, if a person is acting as
        the deputy of such a member, be read as including a reference to that
        person.''.

(2) An instrument of delegation in force under section 16 of the Principal Act
immediately before the commencement of this section shall, after the
commencement of this section, have effect as if it were an instrument of
delegation under section 16 of the Principal Act as amended by sub-section
(1).